The methods of compensating farmers for land occupied by wind energy production are as follows:
1. The specific standards and amounts of various land acquisition compensation fees should be stipulated in the land acquisition compensation and resettlement plan. approved by municipal and county governments in accordance with law.
2. Determination of the average annual production value of the three years preceding land expropriation (relevant compensation standards for land compensation fees and resettlement subsidies): based on the annual statistical report of the basic unit approved by the local statistics department and approved by the pricing department. The unit price will prevail.
3. If land compensation fees and resettlement subsidies paid in accordance with regulations still fail to reach nowTo improve the original living standards of farmers who need to be resettled, resettlement subsidies can be increased. The land management regulation according to which the total of the initial land compensation tax and resettlement assistance should not exceed 30 times the average annual production value of the three years preceding the land expropriation was removed from the Land Management Act.
4. When the government expropriates farmers' land, there must be legal elements, and reasonable compensation must be given to the expropriated people in accordance with legal procedures. Compensation must be granted first, then expropriated. Expropriation behavior that violates the above basic principles is illegal expropriation. Expropriated persons may refuse to sign the compensation and resettlement agreement for the acquisition of land and fight for theour legal rights by requesting disclosure of information, filing an administrative review, administrative litigation, etc.
What are the compensation projects for land occupation?
1. Land compensation fees are a kind of payment made by the land-using unit to the rural collective economic organization whose land was expropriated. in accordance with the law due to economic losses caused by land expropriation.
2. Green crop compensation fee, a kind of compensation fee paid by land user to units and individuals; who planted the young crops when the young crops on the expropriated land were damaged due to land acquisition;
< p>3. Foreclosure Compensation Fee, a compensation fee paid by the land user to the owner of land acquired for foreclosures. such as houses and otherres facilities that were damaged due to land acquisition;4, Resettlement Subsidy, the compensation fee paid by the unit using the land to the expropriated unit to resettle the hand - excess work caused by land acquisition.
It follows from the above that compensation for farmers occupying land occupied by wind energy production includes land compensation, compensation for young crops, compensation for attachments and resettlement subsidies.
Legal basis:
Regulations on expropriation and compensation of houses located on state-owned land
Article 17
Making decisions on expropriation of houses The compensation provided by people's governments at the city and county levels to expropriated persons includes:
(1) Compensation for the value of expropriated houses ;
(2) Relocalisation and temporary damage caused by expropriated houses. Compensation for resettlement;
(3) Compensation for losses caused by the suspension of production and business due to expropriation of houses.
Regulations implementing the law on regional planning
Article 26
Land compensation fees belong to rural collective economic organizations; compensation fees for soil attachments and young crops; Be the property of the owners of land attachments and young crops;
If people who need to be resettled are resettled by rural collective economic organizations, the resettlement allowance will be paid to the economic organizations rural collectives, which be managed and used by rural collective organizations; by others. If the unit is resettled, the relocation allowance will be paid to the resettlement unittallation;
If unified resettlement is not required, the resettlement allowance will be paid to individual resettlers or used to pay insurance premiums of resettlers with the consent of the resettlers.
The compensation standards for wind energy production are as follows:
1. Compensation standards for cultivated land acquisition: The average compensation for dryland is 53,000 yuan per mu. The average compensation for rice fields is 90,000 yuan per mu. The average compensation for vegetable fields is 150,000 yuan per mu.
2. Compensation standard for expropriation of basic agricultural land: The average compensation for dry agricultural land is 58,000 yuan per mu. The average compensation for rice fields is 99,000 yuan per mu. The average compensation for vegetable fields is 156,000 yuan per mu.
3. IndiaAverage payment for expropriation of forest land and other agricultural land is 138,000 yuan per mu.
4. The average compensation for expropriation of industrial and mining building land, village residences, roads and other collective building land is 136,000 yuan per mu.
5. The average compensation for expropriation of waste land, barren hills, waste land, waste ditches and waste land is 21,000 yuan per mu.
In case of demolition, demolition means that the unit that has obtained the demolition permit must, in accordance with the urban construction planning requirements and land use planning documents approved by the government, demolish the houses and annexes located inside. the area of building land in accordance with the law, and convert the buildings within the scope into units and the residents are resettled, the land hascollectively owned by farmers are expropriated or expropriated in accordance with the law, and compensation is paid in accordance with the original purpose of the expropriated land.
Legal basis
Article 47 of the “Land Management Law of the People's Republic of China”
When land is expropriated, compensation will be paid in accordance with the initial destination of the expropriated land. Compensation fees for expropriation of agricultural land include land compensation fees, resettlement subsidies, and compensation fees for land attachments and young crops. Land compensation costs for the expropriation of cultivated land will be six to ten times the average annual value of production for the three years preceding the expropriation of cultivated land. Resettlement assistance for the acquisition of cultivated land will be calculated on the basis of the number of people agrfarms to be reinstalled.
The number of agricultural population to be resettled is calculated by dividing the area of expropriated cultivated land by the average area of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population to be resettled is four to six times the average annual value of production in the three years preceding the expropriation of agricultural land.
However, resettlement aid for each hectare of expropriated agricultural land must not exceed fifteen times the average annual value of production for the three years preceding the expropriation.